Client Trade Compliance Terms of Use

These Client Trade Compliance Terms (“Terms”) form an integral part of the Agreement concluded between NTT DATA Business Solutions (NTT DATA) and the Client/Customer (Client) for the delivery of Products or provision of Services by NTT DATA to the Client.

These Terms are maintained on nttdata-solutions.com (or successor site) and may be updated by NTT DATA from time-to-time (effective upon publication).

2. Trade Compliance Obligations

2.1. The Client warrants that NTT DATA’s software products, programs, materials and services (further referred to as “NTT DATA items”) shall not be exported, reexported, transferred, and/or used or made available in any of the following countries and regions*:

• Belarus
• Crimea, and the occupied parts of Donetsk, Luhansk, Kherson and Zaporizhia (Zaporizhzhia) regions of Ukraine
• Cuba
• Iran
• North Korea
• Russia
• Syria

The prohibition shall not apply if the Client has obtained and provided to NTT DATA the appropriate authorization(s) from the competent authorities under the applicable export control or economic sanction laws; or when the Client is able to evidence that in their situation such authorization(s) is (are) not required.

2.2. The Client warrants that NTT DATA items shall not be exported, reexported, transferred, and/or used by or made available to entities or individuals which are prohibited under applicable export controls or economic sanction laws. This includes entities or individuals listed on any applicable sanctioned party lists (e.g., European Union Sanctions List, U.S. Specially Designed National (SDN) lists, U.S. Denier Persons List, BIS Entity List, United Nations Security Council Sanctions).

2.3. The Client acknowledges that their use of NTT DATA items may require the Client’s compliance with certain economic sanction regimes. Special attention is required to economic sanctions established by the US, the EU, Germany and the UK. The Client is solely responsible for their compliance with such regimes. Further, some features of software products may not be available in some geographical areas due to country specific legislation. Such restrictions are specified in the product documentation and may be amended by NDBS in accordance with newer legislation.

2.4. The Client acknowledges that acquiring NTT DATA items for certain end-uses or end-destinations may require a license, permit, or other documentation. The Client is responsible to notify NDBS of any such end-uses or end-destinations, including:

• Military or similar end-uses;
• Civilian nuclear end-uses;
• Other industry-specific end-uses where the Client would use NTT DATA items to aid in development, design, manufacture or production of items that are subject to dual-use regulations or restrictions.
• If an end-destination of the NTT DATA items is subject to an arms embargo;

The Client agrees that any transactions that fall under the examples mentioned above can be subject to enhanced due diligence which may entail verification of the end-user, end-use, and end-destination. If an export license may be required for the specific transaction, NTT DATA retains the right to refuse delivery of the NTT DATA items for the end-uses and/or end-destinations in question.

2.5. NTT DATA items may not be used for end-uses related to the development, design, manufacture or production of nuclear, chemical or biological weapons (“Weapons of Mass Destruction”).

Disclaimer: The webpage of the current Client Trade Compliance Terms of Use and its content does not constitute legal advice. The webpage does not represent any undertaking by NTT DATA to keep the user advised as to all relevant US, EU, or other Trade Compliance Laws. NTT DATA encourages users to seek competent legal counsel for advice.